The Stack Overflow podcast is back! Listen to an interview with our new CEO.

Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

Filter by
Sorted by
Tagged with
16
votes
3answers
18k views

If an adult is raped by a minor, is it statutory rape?

Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
13
votes
2answers
2k views

What does the long underscore in United States case citations stand for?

United States court cases are commonly cited like this: Obergefell v. Hodges, 576 U.S. ___ (2015) So... what is "___" here?
11
votes
4answers
3k views

Why are there so many youtube to mp4 and mp3 download websites online when it is illegal?

If it is illegal to download videos and audios from youtube due to copyright reasons, why are there so many youtube to mp4 and mp3 download websites online? For example http://youtube-mp3.org/, one ...
11
votes
2answers
195 views

How basic were Senator Kennedy's questions to Matthew Spencer Petersen?

The recent hearing of the candidates for district court judge sparked some media attention as President Trump's candidate, Matthew Spencer Petersen, could not answer (video here) some law-specific ...
10
votes
3answers
3k views

How to interpret or parse this confusing 'NOT' and 'AND' legal clause

In the following legal clause: They shall not confer the right to attend any meeting of members and to exercise one vote for every share held. Does the NOT negates both ANDs as in: They shall ...
10
votes
3answers
2k views

What is stare decisis?

I know in general that stare decisis effectively means that once a court rules on a law that other courts can use that decision when considering their cases. But why is that the case, how is it ...
9
votes
4answers
6k views

What exactly is a “title of nobility” under the US Constitution?

Article 1, sections 9 & 10 of the US constitution prohibit granting titles of nobility by the federal government or the states. What exactly is a title of nobility for these purposes? Why is (say) ...
7
votes
1answer
2k views

What did Samuel Alito (SCOTUS) mean by “super-legislative” power?

In Obergefell v. Hodges (the recent gay marriage ruling), Samuel Alito writes in his dissent (p. 73 of this PDF containing the electronic opinion): This is a naked judicial claim to legislative—...
7
votes
1answer
149 views

What is a leading question?

What constitutes a leading question? Until recently, I assumed it was the same as a "loaded question" in a casual context, like a question in a push polls designed to bias the answer. But through ...
6
votes
1answer
223 views

Difference between subletting, assigning and subleasing?

When a person signs something agreeing to rent a space for a given amount of time, what's the difference between the person subletting, assigning and subleasing the space? One particular thing I'm ...
5
votes
1answer
3k views

Law case title convention: Why sometimes not “Plaintiff v. Defendant”?

Quoted from this page: Plaintiff v Defendant - the "v" is pronounced "and" in civil cases and "against" in criminal cases However, I've seen a few cases not following this rule. For example, Bell ...
5
votes
1answer
887 views

Why are magisterial judges not addressed with “your majesty?”

Magisterial judges tend to be lower-level judges, but court officers (e.g., lawyers) still address them as "your honor." It seems, given the title of their office, that "your majesty" would be the ...
5
votes
2answers
453 views

Accept vs Agree

In a contract, is there a difference between "accepting the terms and conditions" versus "agreeing to the terms and conditions"?
5
votes
1answer
145 views

can I get sued without accepting EULA

I plan publishing information in an article about Software which is the result of people reverse engineering the software. The author of the software has been attempting to sue people who made use of ...
5
votes
4answers
11k views

Is it legal to sell game items for real money?

Me and my friends play WoW, LoL etc(online games).. Is it legal to sell in-game items for real money? I know it's a small case and probably won't be chased after but in terms of law, is it perfectly ...
5
votes
1answer
402 views

How can testimony not be hearsay

The first defining condition for hearsay under Federal Rules of Evidence 801(c)(1) is that it is a statement which the declarant does not make while testifying at the current trial or hearing. As I ...
5
votes
3answers
898 views

What's the difference between an accessory and an accomplice?

What are the definition of each and what exactly is the difference?
4
votes
2answers
218 views

What does equitable mean, especially in special education law?

I understand equitable as it's used in ordinary speech, but not in the legal sense, apparently. Here is some legal text I'm having trouble understanding: "In order to have a chance at ...
4
votes
1answer
113 views

What does “residence of temporary character” mean

The protective covenants and restrictions section on the deed of a house has a clause stating: No trailer, basement, garage, barn, or other outbuildings erected on this property shall at any time ...
4
votes
3answers
202 views

Why is everyone affraid to give “legal advice”? What is the difference between legal advice and personal opinion?

Why is it illegal to give your opinion/advice about a legal problem or case if you are not licensed or do not have a lawyer/client contract? Findlaw - What is Legal Advice page says it's ok if you ...
4
votes
1answer
206 views

What qualifies as “violent” and “assault”?

I was reading the following news: http://www.timesofmalta.com/articles/view/20150719/local/update-3-veteran-actor-john-suda-charged-with-violent-indecent-assault.577272 Essentially a person is being ...
4
votes
2answers
474 views

What is the difference between “private” and “confidential”?

It is often stated on the envelope of bank statements, or certain email messages: Private and Confidential Presumably, "Private" and "Confidential" are two different legal terms, hence the need to ...
4
votes
2answers
127 views

What is the purpose of this “Rule of construction” in a bill (H.R. 720)?

I'm reading the text of bill "H.R. 720: Lawsuit Abuse Reduction Act of 2017" as it was introduced on Jan 30, 2017 at govtrack.us. Sec. 2. (b) reads Rule of construction.-- Nothing in this Act ...
4
votes
1answer
3k views

Is there a difference between “illegal activity” and “criminal activity”?

What is the difference in meaning and use of the phrases "illegal activity" and "criminal activity"? Is one broader than the other?
4
votes
2answers
5k views

including vs. including but not limited to

I'm reading over a lease agreement and in one page a passage reads, "...including, but not limited to, [list]" while on a later page another passage reads, "...including [list]." Normally I would ...
4
votes
2answers
564 views

Do legal documents use the person's current or former legal name when referring to the past?

Person was named "A" prior to year 2000. The name was legally changed from "A" to "B" in 2000. When creating a legal document, is there a standard of how that person will be called when specifically ...
4
votes
2answers
99 views

What is a Power Of Attorney

I live in the middle east and I have signed up for a developer's account with Microsoft to publish apps on windows store. In order to receive payments, I had to provide the financial details such as '...
4
votes
1answer
87 views

Does the “general public” include business entities?

Specifically regarding securities laws in the United States, there is often terminology that says: ... must not be marketed to the general public... The definition of "marketed" I understand and ...
3
votes
2answers
532 views

What exactly does it mean for a case to be dismissed?

A plantiff did not attend the hearing. Consequently the adjudicator dismissed his case. What does this mean? I roughly understand that it means the defendant is absolved of the charges and that the ...
3
votes
3answers
3k views

How long can my girlfriend stay over at my place despite not being on the lease?

I have recently signed a new lease and moved into my new place. The place I have moved in is a unit in an apartment complex. The manager of the complex told me I cannot have guests for more than 14 ...
3
votes
1answer
167 views

Why 'Solicitor General', and not 'Barrister General'?

In countries with this dichotomy of the legal profession, mostly barristers argue in courts. In the UK, solicitors with Higher Rights of Audience can argue in lower courts. However, if Solicitors ...
3
votes
1answer
105 views

What does “in the course of” mean?

I'm trying to decipher the Proprietary Rights section of a contract I've been asked to sign. Does "in the course of providing services" mean "during the same time as providing services" or "for the ...
3
votes
1answer
80 views

Child Arrangements Order non-biological relative living arrangements

I have been granted a UK Child Arrangements Order for a child who is not biologically related to live with me. By Virtue of this order (Childrens Act 1989, Section 12, Paragraph 2) I have been granted ...
3
votes
1answer
94 views

How can clicking on “I agree with …” have any legal weight?

Many times you have to agree with some conditions or terms on website by checking the "I agree" checkbox or clicking some button. Or this - we are working on an agreement email for our client - our ...
3
votes
3answers
6k views

Are encryption apps (iOS) exempt from US Export Regulations if released to the US App Store only?

Note: The original question in iTunes Connect regarding exemptions has since been changed to reflect recent changes made to their FAQ as follows: Does your app meet any of the following: (a) ...
3
votes
1answer
89 views

What does O/C stand for?

The abbreviation or notation O/C appears in many references to legal proceedings in Georgia, such as: "O/C Theft by Taking" and "O/C Driving While License Suspended". What does O/C stand for or mean? (...
3
votes
1answer
63 views

When a law specifies that documents should be available for examination at “convenient times”, for which party should it be convenient?

Michigan Compiled Law, CONDOMINIUM ACT (EXCERPT) Act 59 of 1978 Section 559.157 covers books, records, contracts, and financial statements; examination; audit or review; opt-out of requirements of ...
3
votes
2answers
904 views

Is there a difference: “two-sided” vs “bilateral”?

Is there any real difference between "two-sided contracts" and "bilateral contracts"? (And also between "one-sided contracts" and "unilateral contracts"?) After scouring the web, it seems that in ...
3
votes
3answers
7k views

What is the difference between sublet and sublease?

What's the difference between sublet, subleasing and subletting? Are they all words for the same thing? If sublet is the name of the person who takes over, is that the same as subletor?
3
votes
1answer
203 views

Legal basis for distancing from internet services

Our private team of gamers has a small gaming community. In order to increase our reach of people and to let our community grow, we do provide some users with free Minecraft servers, as well as ...
2
votes
2answers
1k views

Explanation of “habeas corpus”

What body? And who has to have it? For what purpose? And then (it might be obvious once you've answered those questions, but please spell it out anyway) why is habeas corpus so central to the law?
2
votes
2answers
58 views

How Google Play Policy applies to different Developers

I have a quiz game that was rejected from the Play Store on claims that it violates the Gambling policy because it currently allows users to win money for playing quizzes. On appealing, I asked the ...
2
votes
1answer
790 views

Is lying/faking income for loans illegal?

From what I gather people sometimes may devise fake proof of income to be granted loans -- loans they don't expect to pay back anytime soon or in some cases ever. It's probably very easy to fake ...
2
votes
1answer
75 views

Is there a term for a set of laws where breaking one results in breaking others?

Is there a term for laws or regulations that are written to refer to other rules in the set such that breaking one also breaks other laws? An example is easiest way to show what I am describing: ...
2
votes
1answer
96 views

What does “majority at” mean in ruling documents

Example document: https://www.courts.wa.gov/opinions/pdf/886946.pdf p. 13: Instead of following Cox, 14 the majority relies on City of Houston v. Hill, 482 U.S. 451, 107 S. Ct. 2502, 96 L. Ed. ...
2
votes
1answer
2k views

What is the difference between enacting and promulgating?

What's the difference between promulgate and enact?
2
votes
2answers
528 views

Persuasive authority using other jurisdiction's opinions

I'm an English teacher who teaches legal English to foreign students using the UK legal system for context. I was checking the definition of 'Persuasive authority' using TransLegals' dictionary and ...
2
votes
1answer
112 views

Terms and condition for web scraping

I intend to scrape (download all articles) from a newspaper website which has some terms and conditions listed in its footer. The part which seems to be in my interest is as follows: You shall not ...
2
votes
1answer
144 views

Mistake of Law: Requisite of Intent - Distinguishing Nuance

Background: I am not a law student, I am a graduate student in mathematics who intermittently enjoys reading about law because I find it axiomatic, deductive and occasionally creative - similar to ...
2
votes
1answer
63 views

What does “belief” mean in the context of The Equalities Act 2010?

The Equalities Act of 2010 (applicable in England, Scotland and Wales) says at Section 10 (in part): Belief means any religious or philosophical belief; and a reference to belief includes a ...